Agenda and minutes

To seek nominations for the election for the position of Chair.

RESOLVED – To elect Councillor J Gibson to the Chair for the duration of the meeting.

To consider any appeals in accordance with Procedure Rule 15.2 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

(*In accordance with Procedure Rule 15.2, written notice of an appeal must be received by the Head of Governance and Scrutiny Support at least 24 hours before the meeting)

There were no appeals against the refusal of inspection of documents.

1)  To highlight reports or appendices which:

a)  officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

b)  To consider whether or not to accept the officers recommendation in respect of the above information.

c)  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information

2)  To note that under the Licensing Procedure rules, the press and the public will be excluded from that part of the hearing where Members will deliberate on each application as it is in the public interest to allow the Members to have a full and frank debate on the matter before them.

RESOLVED – That in accordance with Regulation 4 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, Members agreed to designate Appendix G to Item No. 6 (Application to Vary a Premises Licence held by Budgens Garforth, 47 – 49 Main Street, Garforth, Leeds, LS25 1DS). as being exempt from publication in accordance with paragraphs 10.4(2) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, as doing so would reveal the identity of an individual.

There was one late item, Agenda 7 – Application for the Grant of a Premises Licence for Sushi Nakamura, however the item was withdrawn ahead of the meeting.

Supplementary information was circulated to Members in relation to Item 6 - Application to Vary a Premises Licence held by Budgens Garforth, 47 – 49 Main Street, Garforth, Leeds, LS25 1DS

To disclose or draw attention to any interests in accordance with Leeds City Council’s ‘Councillor Code of Conduct’.

No declarations of interests were made at the meeting.

To receive and consider the attached report of the Chief Officer, Elections and Regulatory.

The report of the Chief Officer, Elections and Regulatory presented an Application to Vary a Premises Licence held by Budgens Garforth, 47 – 49 main Street, Garforth, Leeds LS25 1DS.

The application proposed to extend the hours for sale by retail of alcohol to 24 hours, 7 days a week, and to allow the provision of late night refreshment between the hours of 23:00 and 05:00 daily.

The application received representations from responsible authorities and local Ward Councillors and from other persons, mostly on the grounds of grounds of crime and disorder and public nuisance.

The following were in attendance for this item:

• Mohan Palanisamyt - Director, Samy Ltd

• Robert Botkai - Applicant’s representative

• Ashokkumar Kalliannan - Business Development Manager, Samy Ltd

• PC Andy Clifford - West Yorkshire Police, Responsible Authority Objector

• Samantha Shaw - West Yorkshire Police witness

• Elaine Charnock - Public objector

• Carmel Brennand - Licensing Authority – Responsible Authority objector

• Pamela Dolan – Public Objector

The Legal Officer set out the procedure to be followed, and the Licensing Officer presented the application. At the discretion of the Chair, it was agreed that 15 minutes was permitted for each party to make their representation to the Sub-Committee.

West Yorkshire Police informed the Sub-Committee that they had brought along a witness to the meeting. Further to this, the Sub-Committee sought confirmation from all parties present as to whether the evidence from the witness should be heard. In doing so, with the exception of the Applicant (whose representative objected) all parties were agreeable on the basis that all evidence would be weighted appropriately. Having taken advice and considered the parties’ submissions, the Sub-Committee decided to allow the witness to be heard.

The Applicant’s Representative outlined the application;

• Budgens Garforth is operated by Samy Ltd, a franchise operating company employing around 250 staff

• The public representations had not produced evidence regarding the anti-social objections such as street drinking

• That if the Licence was found to exacerbate social problems in Garforth there is a mechanism for the Licencing Authority to review (and potentially revoke) the licence.

• Regarding concerns about late night deliveries, Mr Botkai informed the Sub-Committee that there would be no changes to the delivery times

• The alleged case of underage drinking was followed by a test purchase, which the store passed

The West Yorkshire Police Officer outlined the following concerns;

• PC Clifford clarified that his notice to have a witness attend to support his objection had happened in the week prior to the hearing of the Licensing Sub-Committee

• The Applicant’s representative had suggested that there was probably no alcohol sale, but that if one did happen there was a falsified identity document used

• If a fake identification document was used, then as a responsible operator Budgens Garforth ought to have confiscated the document on the basis that as the boy was clearly underage it would be therefore false

• The case demonstrates Budgens Garforth  ...  view the full minutes text for item 6.

To receive and consider the attached report of the Chief Officer, Elections and Regulatory.

This application was withdrawn prior to the hearing.